BNS Section 52: Abettor When Liable to Cumulative Punishment for Act Abetted and For Act Done
Section 52 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal Conspiracy, And Attempt Of Abetment. It outlines the liability of an abettor when the act that was committed differs from the one originally abetted. This section ensures that the abettor is held accountable even if the outcome of the crime is not exactly as intended, as long as the act that was carried out is a natural consequence of the abetment.
The provision aims to ensure that those who instigate, assist, or encourage a crime are not exempt from liability if the perpetrator commits a different act than originally planned, as long as it remains connected to the abetted crime. This serves to reinforce the responsibility of the abettor and ensure justice is served, regardless of any variations in the specific act committed.
Definition of BNS Section 52
Section 52 of the Bharatiya nyaya sanhitha (BNS) 2023 States:
If the act for which the abettor is liable under section 51 is committed in addition to the act abetted and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Explanation and Illustration of Section 52 (Bharatiya Nyaya Sanhita, 2023)
A provokes B to forcibly resist a distress action carried out by a public servant. Acting on this provocation, B resists the distress and, in doing so, voluntarily inflicts grievous hurt on the officer executing the distress. As a result, B is guilty of both resisting the distress and voluntarily causing grievous hurt, making B liable for punishment for both offences. Furthermore, if A was aware that B was likely to voluntarily cause grievous hurt while resisting the distress, A would also be held liable for punishment for each of these offences.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points Of BNS 52
Primary and Additional Offences: Section 52 covers situations where an abettor instigates or aids another person to commit a crime, and in the process, the person abettor commits an additional act constituting a separate offence.
The abettor is held accountable for both the original offence they encouraged and any additional offences, provided they were aware that such further crimes were likely to occur. Both the abettor and the principal offender can be punished for every distinct offence committed during the incident.
Liability for Multiple Offences: If the abetted act results in an independent and distinct offence beyond the original act, the abettor is liable for all offences. This provision ensures accountability for both the abettor and the person abetted if multiple crimes arise from the same series of events.
Knowledge of Additional Offences: The abettor's liability for additional offences depends on their knowledge or reasonable belief that such offences were likely to occur during the commission of the original act.
Differences Between Section 52 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Sections 52 and and its equivalent Indian Penal Code (IPC Section 112), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 52 | Abettor when liable to cumulative punishment for act abetted and for act done. | 112 | Words “the last preceding section” is replaced by “section 51”. |
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FAQs about Section 52 of the Bharatiya Nyay Sanhita (BNS)
Does Section 52 apply to all offences?
No, it applies only to acts specifically recognised under this section as exceptions to criminal liability, such as lawful acts done without malicious intent.
What constitutes an act done ‘in good faith’?
An act done honestly and without malicious intent, even if it results in harm due to a mistake, is considered an act done in good faith under this section.
Does ignorance of the law qualify as good faith?
No, ignorance of the law does not constitute good faith. The act must comply with legal principles or be carried out with honest intent to avoid harm.
Can Section 52 protect public servants?
Yes, public servants performing their duties under lawful authority are generally protected if their actions are done in good faith and within the scope of their authority.
Does Section 52 apply to medical practitioners?
Yes, if a medical practitioner performs an act, such as surgery, in good faith to save a life or prevent harm, they may be protected under Section 52.
Can an honest mistake be covered under Section 52?
Yes, if the mistake arises from an act performed with honest intent and without malice, it may qualify as an exception under this section.
